IPCQ Pty Ltd

[2014] FWCA 5232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IPCQ Pty Ltd
(AG2014/1820)

IPCQ PTY LTD WHEATSTONE PROJECT AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 5 AUGUST 2014

Application for approval of the IPCQ Pty Ltd Wheatstone Project Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the IPCQ Pty Ltd Wheatstone Project Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IPCQ Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 2 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2014. The nominal expiry date of the Agreement is 5 August 2018.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

2 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

IPCQ Pty Ltd applied to the Federal Court of Australia for approval of the Wheatstone Project Agreement 2014. The agreement was made under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and related to the proposed Wheatstone Coal Mine in Queensland. The applicant sought approval to carry out certain activities that would result in a significant impact on matters of national environmental significance.

The court was required to determine whether the proposed activities would result in a significant impact on matters of national environmental significance, and if so, whether the proponent had taken all reasonably practicable steps to mitigate those impacts. The court also had to consider whether the approval of the agreement was in the public interest.

The court found that the proposed activities would result in a significant impact on matters of national environmental significance, including the potential for greenhouse gas emissions and the loss of biodiversity. However, the court was satisfied that the proponent had taken all reasonably practicable steps to mitigate those impacts, including the implementation of a range of environmental management measures. The court also found that the approval of the agreement was in the public interest, given the potential economic benefits of the project and the measures in place to mitigate its environmental impacts.

The court approved the Wheatstone Project Agreement 2014, subject to certain conditions designed to ensure that the proponent continued to take all reasonably practicable steps to mitigate the environmental impacts of the project. The applicant was also required to prepare and implement a number of environmental management plans and reports.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established